HomeMy WebLinkAbout10-138Resolution
WHEREAS, Butte County is committed to serving the victims of domestic violence by providing crisis
intervention counseling, coordinating community victim services, supporting and keeping the victim informed
throughout the court processes, conducting community outreach and assisting with law enforcement training; and
WHEREAS, Butte County is a rural county and providing domestic violence victims services in a rural
community has its challenges; and
Wl-IEREAS, AB 2405 Arambula (2008 Chap. 241; Penal Code § 1463.27) was enacted by fhe California
Legislature to provide an additional fee on domestic violence crimes to be used to fund domestic violence programs
that focus on assisting immigrants, refugees, or persons who live in a rural community; and
WHEREAS, Pena] Code § 14G3.27 states: (a) Notwithstanding any other provision of law, in addition to any
other fine or penalty assessment, the Board of Supervisors of a county may, by resolution, authorize a fee of not more
than two hundred fifty dollars ($250) upon every fine, penalty, or forfeiture imposed and collected by the courts for a
crime of domestic violence specified in paragraph (1) of subdivision {e} of Section 243 and in Section 273.5.
Notwithstanding Section 1463 or 1464, money collected pursuant to this section shall be used to fund domestic
violence prevention programs that focus on assisting immigrants, refugees, or persons who live in a rural community.
Counties with existing domestic violence prevention programs that assist those persons may direct funds to those
programs. (b) The court shall determine if the defendant has the ability to pay the fee imposed under this section. In
making that determination, the court shall take into account the total amount of fines and restitution that the defendant
is subject to, and may waive payment of this additional fee (c). The court shall deposit the moneys collected pursuant to
this section in a fund designated by the Board of Supervisors, to be used as specified in subdivision (a).
NOW, THEREFORE, BE IT RESOLVED that effective September 2$, 2010, pursuant to California Penal
Code § 14G3.27(a), the Board of Supervisors authorizes the additional fee on convictions of domestic violence crimes
with the funds to be placed in a fund designated by the Board of Supervisors to be used in accordance with Pena! Code
§ 1463.27{a} to fund domestic via[ence prevention programs that focus on assisting immigrants, refugees or persons
who live in rural communities.
1 hereby certify that the foregoing is a true copy of the resolution adopted by the Butte County Board of
Supervisors in a meeting thereof held on the 28`h day of September, 2010, by the following vote:
AYES: Supervz.sors Dolan, Kirk, Lazt~bert and Yamaguchi
NOES: Supervisor Connelly
NOT VOTING: None
ABSENT:None
BILL CONNELLY, Chair
ATTEST: Butte County Board of Supervisors
Paul Hahn
Chief Adppini Of#" er and
Clerk t of 5 yyisors _ ,,
RESOLUTION AUTHORIZING IMPOSITION OF AN ADDITIONAL
FEE ON CONVICTION OF DOMESTIC VIOLENGE CRIMES TO BE
USED TO FUND DOMESTIC VIOLENCE VICTIMS SERVICES PROGRAMS